Pakistani lawyer Imaan Mazari files misconduct complaint against judge

Pakistan’s prominent human rights lawyer Imaan Mazari has filed a misconduct complaint against the chief justice of the Islamabad High Court (IHC), following a heated courtroom exchange last week.

The complaint has been submitted before the court’s workplace harassment committee and a reference lodged with the Supreme Judicial Council (SJC).

The dispute arose during a September 11 hearing in which Mazari was representing activist Dr. Mahrang Baloch in a petition seeking removal of Baloch’s name from Pakistan’s Exit Control List. According to reports, the exchange between IHC Chief Justice Sarfraz Dogar and Mazari turned tense during the proceedings.

Justice Dogar allegedly remarked: “If I pass an order, Ms. Mazari will go downstairs [to the media] and say a dictator is sitting here.” Mazari rejected any suggestion of misconduct, insisting her arguments were legally sound and within professional bounds.

The chief justice reportedly advised her to “keep your mouth shut and remain within the bounds of respect.” Matters escalated further when he warned of possible contempt proceedings and, addressing Mazari’s husband present in court, allegedly said: “Explain to her. The day I catch her, she will find out.”

Mazari defended her conduct, saying she was exercising her constitutional right to free expression and was prepared to face proceedings if necessary.

Today, Mazari filed a complaint against Chief Justice Dogar before the Islamabad High Court’s workplace harassment committee, along with a separate reference for misconduct before the Supreme Judicial Council (SJC).

She submitted two separate pleas - one to the IHC inquiry committee and the other to the SJC.

The SJC complaint was filed under Article 209 of the Constitution, which provides for the removal of a superior court judge on grounds of misconduct. The plea before the IHC committee was submitted under the Protection against Harassment of Women at the Workplace Act, 2010.

Her filing asked the IHC inquiry committee to open proceedings into the matter. In her plea, Mazari said that she was “subjected to sexist, discriminatory, hostile, threatening, intimidating and unreasonable behavior at the hands of the respondent chief justice” and requested that Justice Dogar be declared “guilty of harassing the complainant and consequently issue appropriate recommendations to the competent authority (i.e. SJC) against the respondent as envisaged under Section 4(4) of the 2010 act.”

The complaint also requested the committee to grant any other relief “deemed fair and reasonable in the circumstances.” It alleged that Justice Dogar engaged in an “unprovoked and unnecessary tirade” against her during last week’s proceedings.

Furthermore, it described the incident as part of a “broader pattern of intimidation and degrading treatment meted out to the complainant at the hands of the respondent chief justice, in complete abuse of his position of authority.

In her prayer to the IHC’s Inquiry Committee, Mazari urged the issuance of appropriate recommendations against Justice Dogar over his remarks. Separately, she requested the SJC to declare him guilty of misconduct and recommend his removal from office.

Separate case against Mazari

In a separate development, a district and sessions court has summoned Mazari and her husband on September 17 in connection with a case accusing them of alleged anti-state activity on social media. A challan in the case was submitted earlier in the day before a judicial magistrate.

At the upcoming hearing, the court is expected to provide copies of the charge sheet to Mazari and her husband, Hadi Ali Chatha.

The case was initially registered by the National Cyber Crime Investigation Agency (NCCIA). Previously, Additional District and Sessions Judge Muhammad Afzal Majoka had confirmed the bail of both accused in the matter.